Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Closure of the Eastern U.S./Canada Area and the Eastern U.S./Canada Haddock Special Access Program Pilot Program, 50220-50221 [05-17024]
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50220
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
In accordance with the provisions of
Executive Order 12866, this interim
final rule with comment period was
reviewed by the Office of Management
and Budget.
List of Subjects in 42 CFR Part 433
Administrative practice and
procedure, Child support, Claims, Grant
programs—health, Medicaid, Reporting
and recordkeeping requirements.
■ For the reasons set forth in the
preamble, the Centers for Medicare &
Medicaid Services amends 42 CFR
Chapter IV as set forth below:
PART 433—STATE FISCAL
ADMINISTRATION
1. The authority citation for part 433
continues to read as follows:
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
2. Section 433.10 is amended by
adding new paragraph (c)(5) to read as
follows:
■
§ 433.10 Rates of FFP for program
services.
*
*
*
*
*
(c) * * *
(5) (i) Under section 1933(d) of the
Act, the Federal share of State
expenditures for Medicare Part B
premiums described in section
1905(p)(3)(A)(ii) of the Act on behalf of
Qualifying Individuals described in
section 1902(a)(10)(E)(iv) of the Act, is
100 percent, to the extent that the
assistance does not exceed the State’s
allocation under paragraph (c)(5)(ii) of
this section. To the extent that the
assistance exceeds that allocation, the
Federal share is 0 percent.
(ii) Under section 1933(c)(2) of the
Act and subject to paragraph (c)(5)(iii) of
this section, the allocation to each State
is equal to the total allocation specified
in section 1933(c)(1) of the Act
multiplied by the Secretary’s estimate of
the ratio of the total number of
individuals described in section
1902(a)(10)(E)(iv) of the Act in the State
to the total number of individuals
described in section 1902(a)(10)(E)(iv) of
the Act for all eligible States. In
estimating that ratio, the Secretary will
use data from the U.S. Census Bureau.
(iii) If, based on projected
expenditures for a fiscal year, the
Secretary determines that the
expenditures described in paragraph
(c)(5)(i) of this section for one or more
States are projected to exceed the
allocation made to the State, the
Secretary may adjust each State’s fiscal
year 2005 allocation, as follows:
(A) The Secretary will compare each
State’s new projected total expenditures
VerDate Aug<18>2005
16:11 Aug 25, 2005
Jkt 205001
for the expenses described in paragraph
(c)(5)(i) of this section to the State’s
initial allocation, to determine the
extent of each State’s projected surplus
or deficit.
(B) The surplus of each State with a
projected surplus, as determined in
accordance with paragraph (c)(5)(iii)(A)
of this section will be added together to
arrive at the Total Projected Surplus.
(C) The deficit of each State with a
projected deficit, as determined in
accordance with paragraph (c)(5)(iii)(A)
of this section will be added together to
arrive at the Total Projected Deficit.
(D) Each State with a projected deficit
will receive an additional allocation
equal to the amount of its projected
deficit. The amount to be reallocated
from each State with a projected surplus
will be equal to A × B, where A equals
the Total Projected Deficit and B equals
the amount of the State’s projected
surplus as a percentage of the Total
Projected Surplus.
(iv) CMS will notify States of any
changes in allotments resulting from
any reallocations without opportunity
for prior comment. CMS will follow
applicable rulemaking procedures in
publishing revisions to the allotments
resulting from changes other those that
specified above.
(v) The provisions of this paragraph
(c)(5) will be in effect though the end of
calendar year 2005.
Authority: Sections 1902(a)(10), 1933 of
the Social Security Act (42 U.S.C. 1396a),
and Pub. L. 105–33.
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
Dated: August 9, 2005.
Mark B. McClellan,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: August 15, 2005.
Michael O. Leavitt,
Secretary.
[FR Doc. 05–16973 Filed 8–23–05; 9:19 am]
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PO 00000
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040804229–4300–02; I.D.
081705H]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Closure of the
Eastern U.S./Canada Area and the
Eastern U.S./Canada Haddock Special
Access Program Pilot Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS announces the closure
of the Eastern U.S./Canada Area,
including the Eastern U.S./Canada
Haddock Special Access Program (SAP)
Pilot Program, to limited access
Northeast (NE) multispecies days-at-sea
(DAS) vessels for the remainder of the
2005 fishing year (i.e., through April 30,
2006), unless otherwise notified by the
Administrator, Northeast Region, NMFS
(Regional Administrator). This closure
is based on a determination by the
Regional Administrator that 90 percent
of the total allowable catch (TAC) of
Georges Bank (GB) cod allocated to be
harvested from the Eastern U.S./Canada
Area has already been harvested during
the 2005 fishing year. This action is
being taken to prevent the 2005 TAC for
GB cod in the Eastern U.S./Canada Area
from being exceeded during the 2005
fishing year in accordance with the
regulations implemented under
Amendment 13 to the NE Multispecies
Fishery Management Plan and the
Magnuson-Stevens Fishery
Conservation and Management Act.
DATES: The closure of the Eastern U.S./
Canada Area to all limited access NE
multispecies DAS vessels is effective
0001 hr local time, August 26, 2005,
through 2400 hr local time, April 30,
2006. One exception to this prohibition
is discussed in the SUPPLEMENTARY
INFORMATION section of this temporary
rule.
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the U.S./Canada Management Areas are
found at 50 CFR 648.85. In addition,
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Fmt 4700
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E:\FR\FM\26AUR1.SGM
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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
regulations specifically governing vessel
operations in the Eastern U.S./Canada
Haddock SAP Pilot Program are
specified at § 648.85(b)(8). These
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the Eastern
U.S./Canada Area, including the Eastern
U.S./Canada Haddock SAP Pilot
Program, under specific conditions. The
final GB cod TAC allocation for the
2005 fishing year was specified at 260
mt (July 7, 2005; 70 FR 39190). Once 30
percent and/or 60 percent of the TAC
allocations specified for the U.S./
Canada Management Area are projected
to have been harvested, the regulations
at § 648.85(a)(3)(iv)(D) authorize the
Regional Administrator to modify or
close access to the Eastern U.S./Canada
Area by all limited access NE
multispecies DAS vessels to prevent
over-harvesting the TAC allocations for
the U.S./Canada Management Area.
Based upon vessel monitoring system
(VMS) daily catch reports, dealer
reports, and other available information,
the Regional Administrator has
determined that, to date, 90 percent of
the 2005 GB cod TAC of 260 mt has
been harvested by NE multispecies DAS
vessels fishing in the Eastern U.S./
Canada Area. Based on the small 2005
GB cod TAC and the very rapid rate at
which the GB cod TAC has been
harvested during the 2005 fishing year,
it is likely that the 2005 GB cod TAC
would be harvested before the end of
the fishing year. Therefore, based on the
available information described above,
to ensure that the TAC for GB cod will
not be exceeded, the Eastern U.S./
Canada Area, including the Eastern
U.S./Canada Haddock SAP Pilot
Program, is closed to all limited access
NE multispecies DAS vessels for the
remainder of the 2005 fishing year,
VerDate Aug<18>2005
16:11 Aug 25, 2005
Jkt 205001
effective August 26, 2005 through April
30, 2006, pursuant to the regulations at
§ 648.85(a)(3)(iv)(D). This area may be
reopened at a later date during the 2005
fishing year, in accordance with the
regulations at § 648.85(a)(3)(iv)(D),
should it be determined that there is
additional GB cod TAC remaining and
that it could be harvested without
resulting in exceeding the GB cod TAC
for the 2005 fishing year. However,
vessels that have already declared their
intent to fish in the Eastern U.S./Canada
Area, including the Eastern U.S./Canada
Haddock SAP Pilot Program (VMS Area
Codes 2, 5, or 6) through VMS, departed
on a trip, and crossed the demarcation
line as of 0001 hours on August 26,
2005, are exempt from the closure
initially in that they may finish their
trip into the Eastern U.S./Canada Area.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), the Assistant Administrator finds
good cause to waive prior notice and
opportunity for public comment, as well
as the 30-day delayed effectiveness for
this action, as notice and comment and
delayed effectiveness would be
impracticable and contrary to the public
interest. Given the small GB cod TAC
for the Eastern U.S./Canada Area during
the 2005 fishing year and the very rapid
rate at which the GB cod TAC was
harvested to date, it would be
impractical for NMFS to provide for
prior notice and opportunity for public
comment or a delayed effectiveness
because this would likely prevent the
agency from closing the Eastern U.S./
Canada Area and the Eastern U.S./
Canada Haddock SAP Pilot Program
before the GB cod TAC is fully
harvested. To allow vessels to continue
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
50221
to direct fishing effort on GB cod during
the period necessary to publish and
receive comments on a proposed rule, or
to delay effectiveness, would result in
the continued harvest of GB cod,
potentially increasing the potential for
the groundfish fishery to exceed the GB
cod TAC for the Eastern U.S./Canada
Area during the 2005 fishing year,
thereby unnecessarily delaying
rebuilding of this overfished stock.
Exceeding the GB cod TAC during the
2005 fishing year would require any
overages to be deducted from the 2006
GB cod TAC for the Eastern U.S./Canada
Area. This would result in decreased
revenue for the NE multispecies fishery,
increased economic impacts to vessels
operating in the Eastern U.S./Canada
Area, reduced opportunities to fully
harvest the GB cod, GB haddock, and
GB yellowtail flounder TACs in the
Eastern U.S./Canada Area, and a
reduced chance of achieving optimum
yield in the groundfish fishery. The rate
of harvest of GB cod in the Eastern U.S./
Canada Area is updated weekly on
NMFS’s Northeast Regional Office
website at https://www.nero.noaa.gov.
Accordingly, the public is able to obtain
information that would provide at least
some advanced notice of a potential
closure of the Eastern U.S./Canada Area
minimizing the need for a delayed
effectiveness. Therefore, based on the
above, it would be impracticable and
contrary to the public interest to delay
closure of this area through prior notice
and public comment or a delay in the
effectiveness of this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–17024 Filed 8–23–05; 2:16 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50220-50221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17024]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040804229-4300-02; I.D. 081705H]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Closure of the Eastern U.S./Canada Area and the
Eastern U.S./Canada Haddock Special Access Program Pilot Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the closure of the Eastern U.S./Canada Area,
including the Eastern U.S./Canada Haddock Special Access Program (SAP)
Pilot Program, to limited access Northeast (NE) multispecies days-at-
sea (DAS) vessels for the remainder of the 2005 fishing year (i.e.,
through April 30, 2006), unless otherwise notified by the
Administrator, Northeast Region, NMFS (Regional Administrator). This
closure is based on a determination by the Regional Administrator that
90 percent of the total allowable catch (TAC) of Georges Bank (GB) cod
allocated to be harvested from the Eastern U.S./Canada Area has already
been harvested during the 2005 fishing year. This action is being taken
to prevent the 2005 TAC for GB cod in the Eastern U.S./Canada Area from
being exceeded during the 2005 fishing year in accordance with the
regulations implemented under Amendment 13 to the NE Multispecies
Fishery Management Plan and the Magnuson-Stevens Fishery Conservation
and Management Act.
DATES: The closure of the Eastern U.S./Canada Area to all limited
access NE multispecies DAS vessels is effective 0001 hr local time,
August 26, 2005, through 2400 hr local time, April 30, 2006. One
exception to this prohibition is discussed in the SUPPLEMENTARY
INFORMATION section of this temporary rule.
FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the U.S./Canada Management Areas are found at 50 CFR 648.85. In
addition,
[[Page 50221]]
regulations specifically governing vessel operations in the Eastern
U.S./Canada Haddock SAP Pilot Program are specified at Sec.
648.85(b)(8). These regulations authorize vessels issued a valid
limited access NE multispecies permit and fishing under a NE
multispecies DAS to fish in the Eastern U.S./Canada Area, including the
Eastern U.S./Canada Haddock SAP Pilot Program, under specific
conditions. The final GB cod TAC allocation for the 2005 fishing year
was specified at 260 mt (July 7, 2005; 70 FR 39190). Once 30 percent
and/or 60 percent of the TAC allocations specified for the U.S./Canada
Management Area are projected to have been harvested, the regulations
at Sec. 648.85(a)(3)(iv)(D) authorize the Regional Administrator to
modify or close access to the Eastern U.S./Canada Area by all limited
access NE multispecies DAS vessels to prevent over-harvesting the TAC
allocations for the U.S./Canada Management Area.
Based upon vessel monitoring system (VMS) daily catch reports,
dealer reports, and other available information, the Regional
Administrator has determined that, to date, 90 percent of the 2005 GB
cod TAC of 260 mt has been harvested by NE multispecies DAS vessels
fishing in the Eastern U.S./Canada Area. Based on the small 2005 GB cod
TAC and the very rapid rate at which the GB cod TAC has been harvested
during the 2005 fishing year, it is likely that the 2005 GB cod TAC
would be harvested before the end of the fishing year. Therefore, based
on the available information described above, to ensure that the TAC
for GB cod will not be exceeded, the Eastern U.S./Canada Area,
including the Eastern U.S./Canada Haddock SAP Pilot Program, is closed
to all limited access NE multispecies DAS vessels for the remainder of
the 2005 fishing year, effective August 26, 2005 through April 30,
2006, pursuant to the regulations at Sec. 648.85(a)(3)(iv)(D). This
area may be reopened at a later date during the 2005 fishing year, in
accordance with the regulations at Sec. 648.85(a)(3)(iv)(D), should it
be determined that there is additional GB cod TAC remaining and that it
could be harvested without resulting in exceeding the GB cod TAC for
the 2005 fishing year. However, vessels that have already declared
their intent to fish in the Eastern U.S./Canada Area, including the
Eastern U.S./Canada Haddock SAP Pilot Program (VMS Area Codes 2, 5, or
6) through VMS, departed on a trip, and crossed the demarcation line as
of 0001 hours on August 26, 2005, are exempt from the closure initially
in that they may finish their trip into the Eastern U.S./Canada Area.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), the Assistant
Administrator finds good cause to waive prior notice and opportunity
for public comment, as well as the 30-day delayed effectiveness for
this action, as notice and comment and delayed effectiveness would be
impracticable and contrary to the public interest. Given the small GB
cod TAC for the Eastern U.S./Canada Area during the 2005 fishing year
and the very rapid rate at which the GB cod TAC was harvested to date,
it would be impractical for NMFS to provide for prior notice and
opportunity for public comment or a delayed effectiveness because this
would likely prevent the agency from closing the Eastern U.S./Canada
Area and the Eastern U.S./Canada Haddock SAP Pilot Program before the
GB cod TAC is fully harvested. To allow vessels to continue to direct
fishing effort on GB cod during the period necessary to publish and
receive comments on a proposed rule, or to delay effectiveness, would
result in the continued harvest of GB cod, potentially increasing the
potential for the groundfish fishery to exceed the GB cod TAC for the
Eastern U.S./Canada Area during the 2005 fishing year, thereby
unnecessarily delaying rebuilding of this overfished stock. Exceeding
the GB cod TAC during the 2005 fishing year would require any overages
to be deducted from the 2006 GB cod TAC for the Eastern U.S./Canada
Area. This would result in decreased revenue for the NE multispecies
fishery, increased economic impacts to vessels operating in the Eastern
U.S./Canada Area, reduced opportunities to fully harvest the GB cod, GB
haddock, and GB yellowtail flounder TACs in the Eastern U.S./Canada
Area, and a reduced chance of achieving optimum yield in the groundfish
fishery. The rate of harvest of GB cod in the Eastern U.S./Canada Area
is updated weekly on NMFS's Northeast Regional Office website at http:/
/www.nero.noaa.gov. Accordingly, the public is able to obtain
information that would provide at least some advanced notice of a
potential closure of the Eastern U.S./Canada Area minimizing the need
for a delayed effectiveness. Therefore, based on the above, it would be
impracticable and contrary to the public interest to delay closure of
this area through prior notice and public comment or a delay in the
effectiveness of this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-17024 Filed 8-23-05; 2:16 pm]
BILLING CODE 3510-22-S
